Maison Law helps injury victims in car accidents across Salinas. There’s many different causes of car accidents, but one of the most frustrating is when the driver is under the influence of drugs or alcohol. Injuries in these accidents are almost always more severe for you, but you still have legal options. To learn more, contact us today for a free consultation.
Should You Hire a Lawyer After a DUI Accident?
Even though a DUI accident is typically very serious, there’s also the chance that your injuries could be minor. Hiring a lawyer isn’t a necessary requirement for an injury claim in California, even in a DUI accident. Still, given that you’ll probably be facing serious injuries and other damage, having our team’s help can make a big difference in your case.
We’re here to make the legal process easier for you. We’ll look into the accident, prove the other driver was intoxicated, gather medical records and evidence, explain your rights and options, negotiate with insurance companies, and start a lawsuit if you want. Our goal is to guide you through everything and help you build a strong case.
Who’s Liable For Your Injuries in a DUI Accident?
While DUI accidents are among the worst kinds of car accidents in Salinas, figuring out liability isn’t necessarily that complicated. Typically, the driver who was under the influence and caused the accident will be mostly responsible for your injuries and losses–on top of any criminal punishments they face.
However, one thing about DUI accidents that you might not realize is that others can share liability with the driver. Depending on the circumstances, the following parties could also be involved:
- Other drivers who were involved
- Pedestrians who might be affected
- Local government agencies if road conditions were a factor
- Car or part manufacturers if a defect contributed
- Property owners or homeowners where the accident happened
- Landlords if the accident relates to their property
- Bars or restaurants that served alcohol to someone underage or clearly intoxicated
- Employers if the driver was on the clock
Even a DUI accident has unique circumstances that can impact liability, and that impacts your case in very important ways: namely, it tells you who is responsible for paying for your damages.
What Damages Can You Get in a DUI Injury Claim?
In legal terms, a DUI accident is just like any other car accident. This means that you have the same legal right to file an injury claim to recover “damages.” For your claim, you generally have two main options:
- Filing an insurance claim – This is usually the first step. You’ll go through the insurance company’s process, and they will likely offer a settlement. If you accept the offer, you’ll receive the money, but keep in mind that insurance companies aim to minimize their payouts.
- Filing a lawsuit – If the insurance settlement isn’t enough to cover your injuries, you can file a lawsuit. This option takes more time and effort but can lead to a more comprehensive recovery because it’s handled by a judge and jury.
Depending on your case, you might be able to recover damages such as:
- Medical expenses and ongoing care needs, including assistive devices.
- Lost income and future earning potential.
- Repair/replacement costs for your car or other damaged property.
- Pain and suffering, relating to any physical pain from your injuries or treatment.
- Emotional distress, relating to the emotional damage from the accident, like anxiety or PTSD.
- Loss of enjoyment of life, which gives you financial support for a reduced quality of life.
- Wrongful death expenses, which covers funeral or burial costs if your injuries are fatal.
- Punitive damages, which are additional damages awarded on top of the others because the negligence of the parties was intentional with a DUI.
The amount of damages you can recover will depend on the specifics of your accident and how effective of a case you make. Also, remember that in California, you must file your claim within two years from the date of the accident due to the statute of limitations.
What Kind of Accidents Result From DUI?
It’s true that a DUI accident leads to more serious injuries, but they’re unique among car accidents in that they’re entirely preventable. Moreover, they’re much more likely to happen in certain times in Salinas, like weekends and holidays–when there’s a lot of drinking and celebrating. This leads to circumstances that often result in DUI accidents, like:
- High speeds
- Loss of control
- Unpredictability
This all leads to various types of accidents, most often including:
- Rear-end collisions
- Head-on collisions
- Sideswipes and T-bone collisions
- Rollovers
- Accidents involving bicycles and pedestrians
In short, intoxicated drivers put everyone at risk–both themselves and others on the road. Regardless of the situation, you still need to prove your case. This means you have to gather important information and other evidence at the scene.
What Do You Need to Do After a DUI Accident?
A DUI accident is especially difficult because of the aftermath. Not only could you be dealing with serious injuries, but it’s very challenging to get the necessary information you need from the intoxicated driver. In many cases, they don’t even know what they did and aren’t in any shape to give you the information you need for your claim. But you still have options and it’s important to do what you can to get what you need. This includes doing the following:
- Get to a safe spot on the road and check for any injuries.
- Call 911 for an ambulance and the police. Make sure they know that you believe the other driver is under the influence.
- When the police arrive, make sure they confirm the driver is under the influence and get a copy of their report.
- Take pictures and videos of the scene, including damage to the vehicles, road conditions, and any injuries.
- Call your insurance company and tell them about the accident.
- Be careful when making statements and cooperate with the investigation.
- Keep up with your doctor’s orders and attend follow-up appointments to help your recovery.
Following these steps will help you manage the aftermath of the accident and protect your rights. It’s a good idea to talk to our team of personal injury lawyers, since we have a wealth of experience with DUI cases. We can guide you through the legal process and make sure you have a strong case.
Legal Guidance from Skilled Salinas DUI Accident Lawyers
At Maison Law, we know how challenging a car accident can be for you and your family. When it’s a DUI accident, it can be even harder to deal with. If you’re dealing with serious injuries, damage to your vehicle, or the loss of a loved one, our team of Salinas DUI accident lawyers are here to help. We can give you the legal support and guidance you need. Contact us today for a free consultation.
